Disposed

Dhaneswar Rabha v. the State of Assam and 5 Ors.

Gauhati HC6 Oct 2020WP(C)/3718/2020

Case brief

AI extract

What is this about?

A sand mahal settlement holder sought extension of his settlement period due to pandemic-related closure losses. The Division Bench had already directed the authorities to swiftly consider a similar representation. The Court disposed of the petition by reiterating the need to consider the representation with a hearing opportunity, maintaining status quo.

What did the court decide?

Direction to consider the representation and pass a speaking order after giving an opportunity of hearing; status quo maintained.

Dhaneswar Rabha Vs the State of Assam and 5 Ors. — Environment and Pollution | Gauhati HC (2020)

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GAHC010128682020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 3718/2020

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1:DHANESWAR RABHA S/O- MAHENDRA RABHA, R/O- HOUSE NO. 36, VILLAGE- PUB GEETANAGAR, P.O. BAMUNIMAIDAM, P.S. GEETANAGAR, DIST.KAMRUP(M), ASSAM, PIN- 781021.

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VERSUS

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1:THE STATE OF ASSAM AND 5 ORS.

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TO BE REP. BY THE PRINCIPAL SECRETARY, ENVIRONMENT AND FOREST DEPARTMENT, GOVT. OF ASSAM, DISPUR, GUWAHATI- 781006, ASSAM.

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2:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE ASSAM PANJABARI GUWAHATI- 781037 ASSAM.

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3:THE CHIEF CONSERVATOR OF FORESTS (T) LOWER ASSAM ZONE PANBAZAR GUWAHATI- 781001 ASSAM.

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4:THE CHIEF CONSERVATOR OF FORESTS (T) CENTRAL ASSAM CIRCLE BASISTHA GUWAHATI- 781029 ASSAM.

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5:THE DIVISIONAL FORESTS OFFICER KAMRUP EAST DIVISION

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BASISTHA GUWAHATI- 781029 ASSAM.

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6:THE RANGE OFFICER SONAPUR RANGE SONAPUR PIN- 782402 ASSA

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Advocate for the Petitioner : MR. M K SHARMA

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Advocate for the Respondent : SC, FOREST

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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06.10.2020

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Heard Mr. M. K. Sharma, learned counsel appearing for the writ petitioner. I have also heard Mr. P. N. Goswami, learned Standing Counsel, Forest Department, Assam, appearing for the official respondents.

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The writ petitioner herein was settled with the Digaru Sand Mahal No.3 for the period from10.10.2018 till 09.10.2020. Accordingly, an agreement of settlement was signed and kist money was paid by the petitioner. However, due to the prevailing circumstances owing to the outbreak of the pandemic Covid19, the sand mahal of the petitioner had to remain closed as a result of which he has suffered heavy losses. Situated thus, the petitioner had submitted representation dated 31.08.2020 (Annexure-5) addressed to the Divisional Forest Officer, Kamrup East Division i.e. respondent No.5 seeking extension of the settlement by pointing out that the sand mahal of the petitioner had remained closed for 110 days resulting into loss and injury to his interest. The writ petitioner

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had prayed for extension of the settlement upto 27.01.2021.

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Mr. Sharma submits that no action has been taken by the authorities on the representation submitted by the petitioner. Since the term of the settlement of the petitioner’s mahal would come to an end on 09.10.2020, hence Mr. Sharma has prayed for an order of this Court to grant extension of the settlement period of the sand mahal till 27.01.2021.

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Mr. Goswami, learned departmental counsel, on the other hand, submits that the representation submitted by the petitioner is still under consideration. However, referring to the order dated 29.09.2020 passed by the Division Bench of this Court in WP(C) No.3565/2020 in a similar case, Mr. Goswami submits that he would have no objection if the writ petition is disposed of in terms of the directions passed therein.

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In WP(C) No.3565/2020 the petitioner therein, while assailing the vires of Rule 75 of the Assam Minor Mineral Concession Rules, 2013, had made a similar prayer seeking extension of the settlement period. Taking note of the prayer made by the writ petitioner, the Division Bench had passed order dated 29.09.2020 disposing of the writ petition. The operative part of the order is reproduced herein below for ready reference :-

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“ Having regard to the limited prayer so made, we dispose of the present writ petition with direction to the Principal Chief Conservator of Forest & Head of Forest Force, Aranya Bhawan, Panjabari, Guwahati, Assam to consider and dispose of the representation dated 23.06.2020 within an outer limit period of 3 (three) weeks from today. While disposing of the representation, opportunity of hearing may also be afforded to the petitioner. Considering the fact situation obtaining in the case in hand, it is further observed that the status quo as regards operation of the Mining

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Permit Area in reference be maintained till the disposal of the representation dated 23.06.2020 or the outer limit specified above, whichever is earlier. We also make it clear that if the petitioner is aggrieved by any order passed by the respondent authority, it shall be open to him to approach this Court again, if so advised.”

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In view of the aforesaid order passed by the Division Bench of this Court and as agreed to by learned counsel for the parties, this writ petition is disposed of with a direction to the Principal Chief Conservator of Forest & Head of Forest Force, Assam i.e. respondent No.2, to consider the representation dated 31.08.2020 submitted by the petitioner and dispose of the same with a speaking order after giving an opportunity of being heard to the petitioner.

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Until such time, status quo as regards the mining area permit issued to the petitioner be maintained.

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A copy of this order be submitted to the respondent No.2 within two days from today.

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Writ petition stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Dhaneswar Rabha v. the State of Assam and 5 Ors.

Case brief

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Dhaneswar Rabha v. the State of Assam and 5 Ors.

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